Board Offers To Settle Bridge Suit

November 6, 1985|By Fred Lowery, Transportation Writer

Insisting they probably were not liable for any costs, Palm Beach County commissioners Tuesday agreed to offer $350,000 as partial settlement of a 1981 lawsuit arising from the construction of the Linton Boulevard Bridge in Delray Beach.

That probably would be far less than the county would have to pay if it took the case to trial, even if it won, County Attorney Gary Brandenburg told commissioners.

The county and the Florida Department of Transportation were charged in the suit filed by Houdaille-Duval-Wright, builders of the bridge over the Intracoastal Waterway, with causing delays that cost the company nearly $5.2 million and added nearly two years of construction time to the project.

Eventually, the claim grew to about $8.5 million, Brandenburg said, and the company indicated to the DOT that, if it were to go to trial, the firm would seek more than $11 million.

During this time, Brandenburg said, the state insisted the delays were the county`s fault, while the county denied any responsibility.

Brandenburg said the suit eventually was settled between the DOT and the contractor for $4 million, with the design consultants paying $350,000 of that amount and the county also paying a share.

The DOT had offered to accept $500,000 as the county`s share, Brandenburg said, coming down from its initial position that the county should be liable for the full $4 million without the county making a counter offer.

Indications now, however, are that the state would accept the $350,000 as the county`s share, rather than push the issue further, Brandenburg said.

``There is a substantial likelihood the state would take the money and go on to more productive activities,`` he said.

Before it was built, the bridge was saddled with substantial opposition from beachside residents who insisted that opening a major drawbridge in their area would severely increase traffic and be a blight on their neighborhood.